2011 (3) TMI 1724 - AT - Income Tax

Summary

Issues Involved:
1. Determination of the nature of surplus earned on the sale of shares.
2. Disallowance of agricultural income.

Summary:

Issue 1: Determination of the nature of surplus earned on the sale of shares

In all the appeals, the primary issue is whether the surplus earned by the assessees on the sale of shares should be treated as long-term capital gains or as income from other sources. The Assessing Officer (AO) treated the surplus as 'income from other sources' for all groups except the Nagori Group, where it was treated as short-term capital gains. The AO argued that the assessees used the purchase and sale of shares to convert unaccounted money into accounted money, attracting a lower tax rate of 10%.

The Tribunal found that the shares were purchased at prevailing prices, held in De-mat form, and sold through stock exchanges with proper documentation. The search conducted u/s 132 did not yield any incriminating materials against the assessees. The Tribunal held that the AO's findings were based on presumptions and hypotheses without substantial evidence. Therefore, the surplus should be treated as long-term capital gains, and the orders of the lower authorities were vacated. The AO was directed to consider the claim of exemption u/s 54F for the Mehta Group.

Issue 2: Disallowance of agricultural income

For Vimala Devi Chajjer of the Chajjer Group, the AO disallowed a portion of the returned agricultural income for the assessment years 2001-02 to 2006-07, treating it as income from other sources. The Tribunal upheld the AO's disallowance, finding it just and proper.

Conclusion:

The appeals filed by all assessees, except Vimala Devi Chajjer, were allowed. In the case of Vimala Devi Chajjer, the appeal was partly allowed regarding the surplus on the sale of shares but dismissed concerning the partial disallowance of agricultural income.